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The Law of Transnational Securitization (Hardcover, New)
Loot Price: R11,138
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The Law of Transnational Securitization (Hardcover, New)
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The Law of Transnational Securitization focuses on the legal
aspects of securitization from a comparative and systemic
perspective. It identifies specific problems that arise in the
field of securitization, including transnational problems, and
shows how to solve them within the legal and regulatory framework.
The book covers securitization from a UK, European and US
perspective throughout including reference to other jurisdictions
including India. Securitization is a topical subject, as the
securitization of mortgage receipts is seen as one of the causes of
the financial crisis. There is now an increased focus on the legal,
as opposed to transactional, aspects of securitization as it has
come under intense scrutiny by regulators. This work explains the
situation and suggests ways to improve the system. The book begins
by explaining the elements of a typical securitization transaction,
along with different types of securitization, and provides an
analysis of the role of securitization in the financial crisis and
resulting legal challenges. It includes coverage of the interaction
of securitization with creditor and investor protection rules, with
an emphasis on insolvency law, involving such issues as a
transaction's resilience to bankruptcy. Part III of the work
analyses the liabilities of the sponsor/originator and the
'checks-and-balances' in their activity. Also included here is
coverage of the duties of 'gatekeepers' such as rating agencies. A
full explanation is included of the regulatory position,
incorporating the rules on disclosure and accounting and on
financial matters under Basel II. Finally, the book concludes with
a detailed consideration of conflicts of laws and states' exercise
of extraterritorial jurisdiction issues.
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